The Missouri Supreme Court ruled in Sides v. St. Anthony’s Medical Center, that plaintiffs in a medical malpractice case in Missouri may rely on an expert’s opinion that the injury would not have happened in the absence of the defendant’s negligence even without a specific proof of a negligent act.…
This page will explain North Dakota wrongful death lawsuits and their settlement value. We will explain how the North Dakota wrongful death statute works and who is eligible to bring a wrongful death lawsuit and get settlement compensation. We also explain the second cause of action in death cases, a…
New York limits an attorneys medical malpractice contingent fee in a medical, dental or podiatric malpractice case to 30 percent of the first $ 250,000 of the sum recovered; 25 percent of the next $ 250,000 recovered; 20 percent of the next $ 500,000 recovered; 15 percent of the next…
Medical malpractice claims statistics from the Oklahoma Insurance Department are certainly not music to the ears of Oklahoma medical malpractice lawyers and their clients. In 2006, 805 medical malpractice claims that resolved in Oklahoma. The malpractice cases were dismissed in 59, or almost 70%. Of the remaining medical malpractice case,…
The Times Union (Albany, New York) reports that after a three-week trial before Supreme Court Judge Michael Lynch, a jury awarded Watervliet man and his wife $1.87 million in a medical malpractice lawsuit Tuesday against a doctor whose Plaintiffs alleged failure to detect and disclose a high glucose condition leading…
Most jurisdictions leave the judge’s discretion whether to admit photographs from a car accident for the purpose of demonstrating the extent of the injuries of the occupants of the car. In Davis v. Maute, 770 A.2d. 36 (Del. 2001), the Supreme Court of Delaware took a minority view, holding that…
The Kansas City Star reported last month that the average plaintiffs’ verdicts in the Kansas City metro area last year averaged nearly $1.3 million, nearly double the 2006 average of $688,337. Does this mean that Kansas City juries have become remarkably more liberal? No. Now is the time to dust…
The Orlando Sentinel reports that Florida Medical Association is asking the Florida legislature to change the law to increase what doctors may charge to get copies of medical records. Currently, Florida doctors can charge $1 per page for the first 25 pages and 25 after that. Believe me, I realize…
The New Jersey state legislature is considering a bill allowing wrongful death beneficiaries to recover damages for emotional harm. The bill, approved Thursday by the New Jersey State Senate Judiciary Committee by a 7-4 vote, would allow the families of those killed in auto accident, by medical malpractice, or other…
The San Diego Union-Tribune reported yesterday on a case pending in the Nevada Supreme Court which may have a major impact on the extent to which stadium owners can be held liable when fans are injured during sporting events. Baseball-related lawsuits settlements and verdicts The Turner Case Five years ago,…